DE LA CUESTA v. SUPERIOR COURT

Docket Nos. 30849, 30850.

152 Cal.App.3d 945 (1984)

200 Cal. Rptr. 1

REGINALD DE LA CUESTA et al., Petitioners, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; FIDELITY FEDERAL SAVINGS AND LOAN ASSOCIATION, Real Party in Interest. THEODORE D. BENADERET et al., Petitioners, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; FIDELITY FEDERAL SAVINGS AND LOAN ASSOCIATION, Real Party in Interest.

Court of Appeals of California, Fourth District, Division Two.

March 7, 1984.


Attorney(s) appearing for the Case

COUNSEL

Fred Crane, Alan L. Green and Michael V. Hesse for Petitioners.

No appearance for Respondent.

Leff & Stephenson, Leff & Mason, Andrew E. Katz, Steven G. Polard and Walter L. Blackwell III for Real Party in Interest.


OPINION

KAUFMAN, J.

These are consolidated original proceedings in mandate to compel the Orange County Superior Court to determine the prevailing party and amount of reasonable attorney fees pursuant to Civil Code section 1717 in unsuccessful actions to enjoin trust deed foreclosure sales. This court issued alternative writs, but we have concluded that petitioners have misconceived their remedy and lack the necessary beneficial interest...

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